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MTR. OF ESTATE OF WOOD

71 A.D.2d 287 (1979)

In the Matter of The Estate of Robert S. Wood, Deceased. Nathan M. Medwin, as Executor of Robert S. Wood, Deceased, Appellant-Respondent; Frank H. Purzycki et al., Respondents; LeRoy Chesebro et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 13, 1979

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning (Francis Bergan of counsel), for appellant-respondent.

John S. Bartlett, Jr. (Karl H. Schrade of counsel), for respondent.

Louis Carnevale (George H. Barber of counsel), for respondents-appellants.

MIKOLL and HERLIHY, JJ., concur with GREENBLOTT, J. P.; SWEENEY and KANE, JJ., dissent and vote to reverse in an opinion by KANE, J.

GREENBLOTT, J. P.

Decedent Robert S. Wood died on June 27, 1976 at St. Peter's Hospital in Albany, New York, following intermittent hospitalization since April 1, 1976 for a respiratory condition. In this proceeding, the executor of his last will and testament, a designated one-third residuary beneficiary thereof (the respondent Frank H. Purzycki and appellant LeRoy Chesebro being the other one-third residuary...

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